False accusations deliver lasting devastation: Contained in the world of felony defence.
An Interview with Marcus Johnstone
This week, Lawyer Month-to-month had the chance to speak with Marcus Johnstone, a UK felony defence solicitor with over 20 years of expertise. Marcus began off as a senior lecturer in legislation and politics however in his coronary heart, he’s a real defender and has been solely practising felony defence, specialising in sexual offence allegations, within the UK for over 20 years. Marcus is a Senior Solicitor and director at PCD Solicitors and is extremely regarded within the UK authorized neighborhood for his nationwide specialist work as a sexual offence defence solicitor with explicit experience in defending rape, sexual assault, indecent photos and historic intercourse offences.
Working intently with a number of the nation’s main barristers, Marcus and PCD Solicitors are unquestionably a step forward of different legislation companies in terms of defending sexual allegations.
What impressed you to concentrate on felony defence?
For my part, felony legislation is crucial space of legislation. Let’s face it, which different space of legislation, if one thing goes mistaken, are you able to face spending the remainder of your life in jail?
Think about being accused of a intercourse offence. Simply an allegation typically ends in the lack of your job, your loved ones unit breaks down, you might be stopped from seeing your kids and chances are you’ll be held in jail throughout the investigation.
Now, think about being the sufferer of a false sexual allegation. Lately I’ve observed an enormous enhance in false allegations. Nevertheless, the place to begin for the police is that the particular person making the grievance is believed, and the particular person accused is made to really feel like they need to show their innocence.
A conviction for a intercourse offence cannot solely end in a jail sentence, however you additionally need to register as a intercourse offender – generally for the rest of your life.
There’s additionally an enormous imbalance of energy between the prosecution and defence. The police, with all their powers to analyze, are a part of the State. Circumstances are prosecuted by the Crown Prosecution Service (CPS), once more a part of the State. Individuals making complaints are actually given appreciable assist from the state, with specifically skilled law enforcement officials, assist workers and counsellors. The defendant, then again, has no assist from anybody.
I needed to attempt to rebalance the ability, to attempt to obtain a good and simply end result. It’s a large honour to characterize any shopper and thereby be the one particular person preventing to make sure they aren’t convicted.
PCD Solicitors solely deal with sexual offence circumstances. That is fairly distinctive. How did this come about?
I recognised a few years in the past that to turn out to be the very best at one thing, you needed to specialise. I needed to focus on offences carrying probably the most extreme sentences and people who have probably the most influence on the lives of these accused. I’ve at all times needed to guard individuals in opposition to false allegations and wrongful convictions.
A few years in the past, I began to note a year-on-year enhance in sexual allegations, largely on account of info showing on the web. There was additionally an enormous enhance in these accused claiming the allegations have been false. Social media, relationship websites, chat rooms, the ‘#MeToo’ motion, attention-seeking problems and different psychological well being points have all performed a component in individuals prepared to assert they’re victims of sexual assaults (whether or not true or false).
I arrange a legislation agency to concentrate on sexual defence work, with explicit emphasis on figuring out and defending false allegations. I figured that if I might spend all my time coping with this space of legislation alone, I might turn out to be extra educated than different attorneys and higher capable of defend my purchasers.
So far as I’m conscious, we are actually the one legislation agency within the UK that solely handles sexual defence work. Concentrating solely on sexual allegations has enabled me to construct what I imagine is the nation’s main sexual defence agency.
What sorts of sexual offence circumstances have you ever labored on during the last 20 years and the way have intercourse crimes and defending sexual offences advanced throughout this era?
Sexual offences might be break up into two classes; these dedicated by private contact (sexual assault, rape, harassment, coercive behaviour, and so forth) and people dedicated over the web the place no private contact takes place (indecent photos, revenge porn, grooming, incitement, and so forth).
20 years in the past, only a few offences have been dedicated on-line – as a result of most individuals had no entry to the then-emerging web. In 2024, most crimes are actually dedicated on-line!
Simply as there was an enormous enlargement of on-line (lawful) pornography, there was an equally large enlargement in on-line unlawful pornography. The web is, in impact, answerable for the explosion of offences referring to indecent photos of youngsters.
Going through an allegation of a sexual offence has a devastating influence on you, your wider household, your fame and probably your livelihood. What occurs when somebody is accused of a sexual offence and is there a method for dealing with false allegations for sexual assault?
An allegation of committing a sexual offence is life-changing. Purchasers are sometimes suspended from work, rumours flow into, feedback could seem on social media (which might stay perpetually) and it may break up households. You probably have kids, Social Providers could turn out to be concerned and chances are you’ll be prevented from dwelling at residence or seeing your kids. And that is even earlier than you might be charged or convicted.
We now have a well-tried and examined technique for coping with this drawback. As quickly as we’re contacted by a brand new shopper we organize an in depth convention to acquire all of the background info. We go on document with the police and CPS the identical day to request an replace and disclosure of any proof. We now have a workforce of three attorneys who work on every case, plus our assist workers. We begin engaged on defence arguments from day one. In fact, we’re additionally capable of characterize our shopper at any police interview.
If a shopper has not but been charged with an offence (however is below investigation), our predominant purpose is to cease a prosecution. We attempt to do that by liaising with the CPS and exhibiting that the proof, as offered by the police, doesn’t attain the prosecution threshold. There are explicit authorized arguments that must be made to the CPS to attempt to cease a prosecution – and this work must be began as quickly as doable.
The CPS could then resolve to take no additional motion or situation prices and refer the case to courtroom. If a shopper is charged with offences, we are able to then, after all, defend the case in courtroom. It can take between 12 – 24 months for a case to succeed in a trial. Throughout this time there are numerous steps we could take to attempt to get the case thrown out. In fact, we even have knowledgeable barristers to characterize purchasers at any trial.
Nigel Lythgoe, Donald Trump, Vin Diesel, Sean ‘Diddy’ Combs, Prince Andrew, Jamie Foxx, rock star Axl Rose, and Oscar winner Cuba Gooding Jr have all not too long ago been accused of sexual assault with lawsuits filed. Making malicious false allegations of sexual abuse, violence, and rape in opposition to males is on the rise. Why is that this occurring and the way is it doable to guard your authorized rights in a false accusation authorized declare?
I’ve definitely observed over current years an enormous enhance in false rape allegations. There are a number of causes for this, together with the ‘#MeToo’ motion, the supply of social media for ladies to collect assist, psychological well being and attention-seeking problems. There has additionally been a rising enhance within the want for compensation. A sufferer of a rape offence could also be awarded round £100,000. Some police forces now actively promote for ladies to return ahead and report abuse – stating that they are going to be believed.
In a current improvement to this compensation tradition, a person who posted on the web a few nude images of his ex-girlfriend stood within the bathe needed to pay her virtually £100,000 in compensation for her psychological ache and struggling. For the primary time in authorized historical past the Choose regarded her psychological trauma because the equal of a bodily assault.
I’ve a number of circumstances of husbands and wives who break up up after the wedding breaks down. The spouse then makes a declare of rape going again years. That is typically linked to little one custody battles, entry to matrimonial belongings, entry to upkeep, psychological well being, and so forth.
To guard your authorized rights it is best to contact a specialist solicitor as quickly as doable. Personally, I’ve at all times supplied an preliminary session freed from cost, and most of our ongoing work might be accomplished on a hard and fast payment – which stays the identical nonetheless lengthy the case goes on. This takes numerous fear away from a shopper – as a result of they know from the outset what the authorized prices can be.
Whether or not arrested for a single accusation of rape or assault, or as a part of a wider investigation into sample of behaviour, the stigma of being accused of those crimes is devastating. What’s your recommendation to anybody accused of false intercourse crime allegations? How must you reply to intercourse crime allegations and what must you NOT do?
Search knowledgeable recommendation as early as doable from a specialist legislation agency. You must keep away from a authorized assist agency, as these companies are typically set as much as take care of authorized assist circumstances – and authorized assist is simply accessible after somebody is charged. My predominant purpose, from the outset, is to cease my shopper being charged.
Construct your defence early – I work with purchasers on this level over a number of weeks or months, ranging from day one. Even earlier than a police interview and lengthy earlier than a charging determination is made, I work with purchasers on all background points, assess the accessible proof, acquire fixed updates from the police (relating to their investigation) and be taught as a lot as we are able to concerning the complainant. This all helps me to formulate defence arguments.
If it’s essential attend a police interview, don’t depend on the responsibility solicitor however, as an alternative, have your personal personal solicitor with you on the station. Don’t say something to the police with out your solicitor being with you.
Sadly, as with most issues in life, cash talks. When you can afford it, pay privately for authorized recommendation. There’s a large distinction between what might be achieved on a non-public foundation versus authorized assist. Authorized assist is a state handout and, as with all state profit, pays absolutely the minimal.
Rape carries a most life sentence. It’s the most critical sexual offence and but authorized assist solely pays round 10% of the quantity really required to defend a case correctly (in my view). In different phrases, round 90% of the work that must be accomplished to defend a case correctly doesn’t get carried out – as a result of the authorized assist companies don’t receives a commission to do it. Surprising isn’t it?
All legislation companies and solicitors wish to say they’re client-centric, however that’s not at all times the case. Relationships require fixed communication. To construct belief, companies want to repeatedly validate their relations and discover out what their purchasers need. How has PCD solicitors managed to turn out to be one of many UK’s main sexual offence defence specialists?
Whether or not a case might be defended efficiently largely is determined by the preparation work. It might take 6-12 months even earlier than a charging determination is made by the CPS. It might take an additional 12-24 months for a case to succeed in a trial. The trial itself could solely take 3-5 days. Preparation is the important thing.
We spend a substantial period of time with any shopper, gathering background info, relationship historical past, medical info, model of occasions, and so forth, so we are able to begin to formulate the easiest defence arguments from an early stage. We additionally examine, the place doable, the background of the complainant.
We now have a workforce of attorneys engaged on every case we take care of. I additionally contain senior, specialist, barristers from the very first listening to – who will stay on the case all through. By doing so we construct up a substantial quantity of details about our shopper, the complainant, the proof and our defence.
We’re additionally capable of acquire all of the proof on the earliest doable time. By reviewing the proof with our shopper in particular person and taking as a lot time as we want, we’re capable of put together the case correctly. It might take a number of months to construct a defence property – simply because the police and CPS could take a number of months to construct the prosecution. Throughout this time we are able to actually get to know our purchasers, and so they can get to know us.
I additionally know the significance of being there for each shopper. A member of my workers is answerable for pastoral assist for purchasers – largely exceptional in a legislation agency. This isn’t about being a lawyer, it’s about caring for a shopper’s welfare, providing assist, chatting and being accessible if a shopper needs to speak. We launched this assist after considered one of our purchasers dedicated suicide while ready to see if he could be charged. (Two days after this shopper dedicated suicide a letter was delivered to his handle informing him there was to be no additional motion. It was despatched second class and took 5 days to succeed in him. Two days too late.) We don’t need to lose some other shopper this fashion.
Have there been any current or notable authorized developments or landmark circumstances relating to sexual offence crimes?
Case legislation and laws is regularly creating. So are the sorts of intercourse crimes and the explanations for committing them. Rapes are rising as a result of extra individuals are reporting them. The ‘#MeToo’ motion and social media websites have definitely elevated the variety of allegations of historic rapes. The media, web websites and even the police now encourage victims to return ahead and complain.
On-line offences are regularly creating. Social media websites pays cash to content material creators. Extra amateurs are posting content material. The boundaries are always being pushed as to what’s authorized / unlawful. Does the particular person look aged 17 (a toddler) or 18 (an grownup)? {A photograph} of individuals on a prepare is lawful, however whether it is doable to see up a lady’s skirt, is it illegal? Probably. Probably not. Uncertainties within the legislation additionally create defence alternatives.
Revenge porn is now against the law. In a current case, which set a precedent, a lady whose nude {photograph} was uploaded to the web by her ex-boyfriend was entitled to virtually £100,000 in damages (compensation) due to the psychological anguish brought about. The identical quantity could also be claimed by a sufferer of rape.
The newly created Sexual Danger Order might be utilized for by a single police officer, even earlier than you will have been charged with any offence. Except opposed, this can be ‘rubber stamped’ by the Magistrates’ Courtroom and thereafter all of your web utilization, search historical past, websites visited, telephone calls made and acquired, and so forth, can be monitored by the police, and your gadgets might be inspected by the police at any time. Failing to maintain a telephone quantity or a document of a web site visited can lead to you going to jail.
Lastly, what’s the most rewarding a part of being a felony lawyer specialising in defending sexual offence allegations and is there a selected case that stands out for you?
Essentially the most rewarding a part of my work is defending a shopper in opposition to a false allegation and profitable!
Just a few years in the past I represented a younger man who had been charged with 7 counts of rape. All the pieces concerning the case indicated to me that the grievance was false, and my shopper was fully harmless. It took 2.5 years from the date she complained to the police till the trial. After a trial lasting 5 days, it took 20 minutes for the jury to search out him not responsible of all prices.
We later discovered that the girl involved had made earlier false complaints, had admitted to her psychiatrist that she made up tales and had beforehand complained of rape in opposition to one other man – who had additionally been prosecuted and located not responsible.
Regardless of being acquitted on all prices, this younger man’s life has modified perpetually. He now suffers PTSD on account of 2.5 years of investigation, accusations and a 5 day trial. He now finds it tough to belief females and can’t exit – for concern that somebody will accuse him once more. The legislation says he isn’t entitled to any compensation.
There are, little question, many ladies who’re real victims of sexual abuse and who, fairly rightly, need to be handled pretty by the felony justice system. Sadly, their trigger for truthful therapy is being diluted by the ever-increasing variety of false complaints.
Marcus A Johnstone, Solicitor
PCD Solicitors
E mail: marcus@pcdsolicitors.co.uk
Tel: 0151 705 8488
www.pcdsolicitors.co.uk
Revealed by: www.lawyer-monthly.com